Millheim Journal. [volume] (Millheim, Pa.) 1876-1984, 1887-12-15
The Culvey Murder Trial
Evidence Of tha Defense Ruled Ont by
the Court.
THE FINALE APPROACHING
SHAFFER LOOKING BADLY
AND NOT so CONFIDENT.
DISTRICT ATTORNEY BROWN ADDRESS
Es THE JURY SYNOPSIS OF HIS
REMARKS.
From the Lock Houen Daily Democrat.

From the Lock HoUea Daily Democrat.
THURSDAY MORNING, DEC. STH.
The court room was pretty we'll filled
this morning, more so than at the be
ginning Of any morning session yet
The Judges, jury, counsel and every one
interested in the case were promptly on
hand. His honor, ,JudgeMayer, ,announc-
ed that ds long as there were seats back
the spectators could not be allowed to
crowd forward and stand around the
railing and after all were seated, the
seating capacity of the room was en-
tirely filled. After opening the court,
Court Crier Crowley announced that all
jurors, except the ones in the box, were
discharged from duty this week as
we'll as next.
THE DEFENSE OPENED.
Attorney for defense waived a
formal opening and called John Brosius
as their first witness
John Brosius sworn Am one of the
County Commissioners. Remember
when l went to the scene of the muir
der. l was accompanied by Messrs.
Grugan, Herr and McNaul. We found
nothing at scene of murder. About
two or three miles from Culvey's We
found tracks from road to creek near
where Mr.. Grugan found the gun.
WITNESS here explained low Mr.,
Grngan found the gum Found foot
prints in soft ground. l measured some
of the tracks in the ground, and Mr..
McNaul measured some. We compared
them and both measured same length,
l0y inches.
Mr.. Abrams then wanted witness
to measure Shaffer's shoe, but
counsel for Commonwealth asked at
torney for defense to state whether
Shaffer wore the same shoes Row that he
had worn on that Saturday, Sunday and
Monday 10 August. The court decided
that unless they had the sar.e shoes
it would not be evidence. The defense
were then allowed 10 put their off~r in
writing, but the court did not think 1t
would be evidence. Shaffer seemed to
lie very much interested in therrepara
tion O: this paper by his counsel.
The court ruled the evidence Quilting
his reason therefore. The attorney
for the defense then stated that as the
ruled out evidence was their only line
of defense they had nothing further TO
offer and would rest.
THE PLEADING BEGUN.
The statement of the attorneys for
the defense showing that the testimony
was closed the lawyers began 10 prepare
for their speeches 10 the jury. District
Attorney Brown opened the case on be-
half of the prosecution by stating that
the case they had been sworn to decide
involved a crime the grtvv5t k1uwrI to
the law, and as it seemed useless to
further argue the matter, it was the
Commonwealth duty to explain the
facts to the jury, 50 that they could bet
ter arrive at a decision. Mr.. b. re-
marked that, as he had promised at the
beginning, he would show the most
british and hellish deed eyer heard of
in the annals of crime. All that sur
prised him was that man, or being
in the shape of a man, could commit
such heartleSS and cruel act. Tie
theory that Isiah and Nora Culyey had
been murdered early on Sunday morn
ing had been proven, from that time
they had shown the trail until the time
Shaffer had been arrested. He then ex-
planned the manner in which the bodies
were found by Mrs. John Culvey on
Monday, and of the alarm given by her
and Charles Culvey, aid the arrival of
John Culvey and Abram Stein. Then
he said, "Y0u may wonder what was
the motive. 1t does not seem to be
necessary toshowa motive; but if more
than one, it might have been pluHder,
and if only one, it might have been
lust" Mr.. Brown then explained the
manner in which the bodies were found,
showing that Isaiah lay just as he fell
when shot as he had but one wound
and was clutchlng the grass and had
chew of tobacco IN his mouth, while
Nora undoubtedly was not found as
she fell, as the fact that she lay on the
broad of her back, with the clothes
torn from her person and placed under
her, besides the bundle of grass proves.
He then showed how her clothes had
been torn down IN font, manifesting
the eagerDess, impatience and hurry of
her violat0r. Mr.. Brown then SAID
''These facts show one hellish motive
for the deed. Another is, Isaiah farm
ed small piece of ground, not having
sufficient amount of land to pasture his
stock and till the ground at the same
time. They allege that Isaiah went
out to cut grass for his stock. (Show-
ing on map where grass had been cut
and thick growth of underwood be-
tween there and the hoUse.) 1t was al
SO plausible that Nora was preparing
the morning meal. The potatoes had
been pared and sliced and she probably
was after bucket of water, at Cherry
Run, returning from whence she may
have been attacked, and dropped her
bucket, running towards her husband.
and crossing Cherry Run. (Which ex-
cept for this she would not have had oc-
casioD to do.) She was probably over
taken and shot. Then it is probable
that her husband, coming towards the
hnildinns with his basket Of GRASS and